CR1 vs K1 immigration

[se7enthmoon 1]

Ok here's my situation right now hopefully someone here can help me out..

My fiance (from China) and I have been dating for a few years now and so far she's been coming here on a B2 visa.

We want to get married soon but the question is which is the best, and most legal way of doing so.

My fiance says that me going to China, getting married there and applying for a CR1 is better. But I heard that if this visa gets denied it's going to be really tough for her to apply again. Is that true?

I read somewhere online that K1 is better for my situation. In that case she would have to come here on her current B2 visa, apply for a K1 here and getting married within 90 days. She's okay with not returning to China for a while but her concern is with legality. Because she is here on a B2, would this make it immigration fraud?

Any suggestions on which route is safer would help. We are also open to any alternate suggestions. Thanks.

[se7enthmoon 1]

Forgot to add, I heard there's some new way now to do CR-1 Online. Is that true and how much faster or safer is it to do it that way?

[Hypnos 6,576]

Entering the US with the preconceived intent to remain would constitute visa fraud.

If you pursued a K-1, you would file the I-129F in the normal way, wait ~8 - 10 months for it to be approved and then once it was, she would interview at the American Embassy in China for the K-1 visa. She gets the visa, enters the US, you marry within 90 days of PoE and then file to adjust her status.

Edited March 4, 2013 by Hypnos

[se7enthmoon 1]

Thanks for the fast response Hypnos. So would applying for a CR-1 be better? But that would also mean that we'd have to get married FIRST right? Does it matter if we get married in the US or China?

[NikLR 13,227]

No it doesn't matter. Anyone can get married in the USA. It's coming to the USA with the intent to marry and STAY that is illegal.

Which one is better is a matter of opinion and what works for you two. We chose the CR1 route because the pluses for us outweighed the negatives but for others, it's the opposite. No matter what you choose it's unlikely that your fiancée would be able to stay in the USA during the whole process. I'm not sure how long someone can visit on a B2 visa.

Both processes can take from 6-12 months. A cr1 can cost significantly less if there isn't a great deal of travel for the beneficiary. But yes it requires you to be married first. China does have a modified electronic processing system but most of this process will be mailed paperwork.

There are many members here with Chinese spouses that can certainly help you out and a regional forum as well to get specific information unique to your beneficiary's country.

[Hypnos 6,576]

The CR-1 / IR-1 visa is considered by many to be superior, since it automatically grants a green card upon entry to the US and you do not have to file to adjust status. It is also the cheapest option, but as stated you must be married first (in the US or elsewhere does not matter).

The K-1 is more expensive, you must marry in the US, and then you have to file for adjustment of status which will likely take the lion's share of a year by itself.

It's really up to your individual circumstances which you decide to go with.

[se7enthmoon 1]

Thanks for your suggestions.. Now for another question.

Do both K1 and CR1 have a minimum income requirement and if so, how much is it? I wasn't able to find much online about this but I've heard that they're pretty strict about it.

I'm currently a pharmacy school student so as of right now I don't have much of an income (the damn tuition costs a fortune) Although after I graduate it'd be a different story. Do they allow a co-sponsor of any sort for this?

[Hypnos 6,576]

Yes, you must meet the sponsorship requirements which is approximately $19,000 for a family of two. If the primary sponsor (the USC spouse) cannot meet this requirement then a co-sponsor can be used. Some embassies do not accept co-sponsors for a K-1, but all must accept them for a CR-1 / IR-1.

Edited March 4, 2013 by Hypnos

[Ryan H 3,812]

Forgot to add, I heard there's some new way now to do CR-1 Online. Is that true and how much faster or safer is it to do it that way?

When the file reaches the NVC, you have the option to scan and email the required documents after the appropritate bills have been paid.

[Darnell 8,478]

K-1 must interview in Guangzhou .

[California123 2]

Right now my wife and I are glad that we went the CR1 route. For some reason the K1 process is all gummed up now. (Many people suspect it has to do with Dream Act processing, but nobody knows for sure.) Of course the same kind of issue could start hitting CR1 visas tomorrow so you never know. Here are some links a helpful person gave me a while ago that show what is happening with each process:

CR1s at California Service Center (just change the pulldown and hit submit to select another service center):

http://www.visajourney.com/timeline/monthly_filers.php?form=2&visa=3&scenter=1&option=3&sortby=2

K1s:

http://www.visajourney.com/timeline/monthly_filers.php?form=1&visa=1&scenter=1&option=3&sortby=2